Workers’ Compensation – What is it?
If
you get hurt on the job, your employer is required to provide workers’
compensation benefits. To
be covered by workers’ compensation, the injury must occur while in the course
and scope of performing your job duties, or arise out of the performance of
your job duties.
you get hurt on the job, your employer is required to provide workers’
compensation benefits. To
be covered by workers’ compensation, the injury must occur while in the course
and scope of performing your job duties, or arise out of the performance of
your job duties.
There
are two types of injuries; specific or cumulative.
are two types of injuries; specific or cumulative.
Specific: A specific injury is an injury that
occurred at one instance or occurrence.
occurred at one instance or occurrence.
Example:
Trip and fall.
Trip and fall.
Cumulative: A cumulative injury is an injury that
has built up over time.
has built up over time.
Example:
Repetitive motions causing injury, such as carpal tunnel.
Repetitive motions causing injury, such as carpal tunnel.
Workers’
compensation covers some, but not all psychological injuries caused by your
job. The injury must be at least 51% industrial
(meaning the injury was caused by work).
compensation covers some, but not all psychological injuries caused by your
job. The injury must be at least 51% industrial
(meaning the injury was caused by work).
It’s
a Work-Related Injury – What’s Next?
After
suffering an injury, you must notify
your employer and file a claim.
suffering an injury, you must notify
your employer and file a claim.
To
file, you must complete a DWC-1 Form (https://www.dir.ca.gov/dwc/DWCForm1.pdf). Claims are distinguished on occurrence of
injuries rather than parts of the body injured or types of injuries.
file, you must complete a DWC-1 Form (https://www.dir.ca.gov/dwc/DWCForm1.pdf). Claims are distinguished on occurrence of
injuries rather than parts of the body injured or types of injuries.
The
current statute of limitations for filing a claim is 1 year from the date of
injury or awareness of injury. It’s important to file a claim to preserve your
right to benefits.
current statute of limitations for filing a claim is 1 year from the date of
injury or awareness of injury. It’s important to file a claim to preserve your
right to benefits.
You’ve
Filed a Claim – What are the Potential Benefits?
Medical Care
Your
employer pays for medical care for your work-related injury or illness. Medical
care is determined by medical treatment guidelines. Medical care that is
“reasonably required to cure or relieve” the effects of the injury.
employer pays for medical care for your work-related injury or illness. Medical
care is determined by medical treatment guidelines. Medical care that is
“reasonably required to cure or relieve” the effects of the injury.
Initially,
your claim may go under review for 90 days. During review of your claim,
necessary treatment is authorized up to $10,000.
your claim may go under review for 90 days. During review of your claim,
necessary treatment is authorized up to $10,000.
Temporary Disability
Benefits
Benefits
If
your injury prevents you from doing your usual job while recovering, you may be
eligible for Temporary Disability (TD) benefits. TD benefits serve as a partial
reimbursement of lost wages due to your injury.
your injury prevents you from doing your usual job while recovering, you may be
eligible for Temporary Disability (TD) benefits. TD benefits serve as a partial
reimbursement of lost wages due to your injury.
Loss
of wages can occur when your treating doctor indicates you are unable to return
to work or the doctor believes you may work but only with restrictions, and
your employer cannot accommodate your restrictions.
of wages can occur when your treating doctor indicates you are unable to return
to work or the doctor believes you may work but only with restrictions, and
your employer cannot accommodate your restrictions.
Permanent Disability
Benefits
Benefits
Permanent
Disability (PD) provides for payments if you don’t completely recover. This
occurs when your treating doctor believes you will never recover completely or
will be limited in your capacity at work. You may then be entitled to a PD award.
Disability (PD) provides for payments if you don’t completely recover. This
occurs when your treating doctor believes you will never recover completely or
will be limited in your capacity at work. You may then be entitled to a PD award.
Supplemental Job
Displacement Benefit
Displacement Benefit
This
benefit will come in the form of a voucher to help pay for educational
retraining and/or skill enhancement, at eligible schools. This voucher can be
used for tuition, fees, books, or other expenses required by the school.
benefit will come in the form of a voucher to help pay for educational
retraining and/or skill enhancement, at eligible schools. This voucher can be
used for tuition, fees, books, or other expenses required by the school.
In
California, you may also be eligible for a one-time cash payment through the Return-to-Work
Supplemental Program.
California, you may also be eligible for a one-time cash payment through the Return-to-Work
Supplemental Program.
Death Benefits
This
benefit will provide payments to your spouse, children or other financial dependents,
if you should die from a work-related injury or illness.
benefit will provide payments to your spouse, children or other financial dependents,
if you should die from a work-related injury or illness.
Generally,
a dependent would need to commence proceedings for the collection of death
benefits within a year from the death of the injured party.
a dependent would need to commence proceedings for the collection of death
benefits within a year from the death of the injured party.
Still
Have Questions?
Please
understand this is a brief overview of the workers’ compensation system and
does not contain all information and materials necessary to assist you in a
worker’s compensation case. Each applicant and case will have a different set
of facts and circumstances.
understand this is a brief overview of the workers’ compensation system and
does not contain all information and materials necessary to assist you in a
worker’s compensation case. Each applicant and case will have a different set
of facts and circumstances.
If
you wish to seek legal advice, have any questions or seek further information,
please do not hesitate to contact our office online or by phone at (916)
446-4692.
you wish to seek legal advice, have any questions or seek further information,
please do not hesitate to contact our office online or by phone at (916)
446-4692.
